By placing an order with Aliarts Ltd, you confirm that you are in agreement with and bound by the terms and conditions below.
Definitions:
“You” or “You” or “Them” or “They”: The company or individual requesting the services of Aliarts Ltd.
“Aliarts Ltd” or “We” or “Us”: Primary designer & employees or affiliates.
General
Aliarts Ltd will carry out work only where an agreement is provided either by email, telephone, mail or fax. Aliarts Ltd will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Aliarts Ltd and you, this includes telephone and email agreements.
We reserve the right to refuse to construct a web site which we may judge as unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to New Zealand laws.
Website Design
Aliarts Ltd will design your website to your specifications. We will follow the example set by previous marketing material and/or your company logo. If you don’t have a logo, we will work with the colours designated, or design a logo specifically for your business.
The 2 page website we create will consist of a “Home Page” and a “Contact Us” page with simple email form. Any additional pages outside of the standard two (2) pages will incur fees of $35 per hour. You understand the initial setup is provided by us, but all further additions and updates are for the most part made by you. Editing is done via the simple to use Content Management System (CMS). Access to our membership site is granted, where a series of tutorial videos and website marketing materials are provided. Full support is also available by email or phone at any time.
You agree to make available as soon as is reasonably possible to Aliarts Ltd, all materials required to complete the site to the agreed standard and within the set deadline.
Aliarts Ltd cannot take responsibility for any copyright infringements caused by materials submitted by you. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Changes to the Website
After the website has been completely finished with your approval, there is a $35 fee per hour if you have changes. There are no fees to you for any errors made by Aliarts Ltd.
Future additions and other services can be provided by arrangement. Content changes can easily be made by logging into the backend of the content management system, and full training will be provided.
Domain Name Registration and Hosting
Upon receipt of our paperwork, return of the direct debit forms will be required within seven (7) days. However, the monthly fees only commence once you are totally happy with the design. Once the design has been approved, then the monthly fees will commence. We will register your domain name and set up your website.
Monthly fees includes minor changes to the design, daily backup of design, plugins and content, email additions as required, membership to our website OnlineMarketingHQ.com (usually US$47 per month), domain name, plus email and phone support whenever you need it. We guarantee a 99.9% uptime.
Clients with design packages worth less than $995 are required to stay with us for a period of at least six months. Once this time is up the client is welcome to stay with us, or we will release the design and domain to be moved to alternate hosting.
If the client wishes us to release the website and domain to move to alternate hosting within the first six months we will do so, but the remainder of the fees must be paid in full, and the cost of registering the domain reimbursed in full ($39.95). We will then release the design to be moved, and transfer the domain to the clients designated registrar. There is a $195 fee for us to move the website for you.
Holds within the first six months are treated as a cancellation. This is because the website will need to be deleted from our servers. In order for the website to be released, the remainder of the fees must first be paid in full. The website will then be released to the client, or archived for later reinstatement. The 6 month contract will recommence from the date of reinstatement.
Unless written notice of termination of the agreement is received via electronic or regular mail at least 20 business days prior to the expiration date of the hosting, fees will continue on a month to month basis with the same payment method, instalment and frequency for each succeeding month.
Payment of Monthly Accounts
Monthly fees are due on the agreed date and will be deducted from the client’s account every successive month on that date (unless that date falls on a weekend, then the date will move to the closest working day). If there are insufficient funds to cover the monthly fees, the client will incur a $9.20 dishonour fee.
If the fees remain unpaid for more than 10 days after the payment is dishonoured, the website will be suspended until the fees are paid. If they are not paid and the next month’s fees are dishonoured, and both sets of fees remain unpaid for more than 10 days, the website will be cancelled, and the remainder of the year’s fees must then be paid in full before it is reinstated. If the yearly fees are not paid by the third month, then the domain and content become the property of Aliarts Ltd.
It can take up to three (3) days for monthly fees to be processed from your account. Your obligations under this agreement are to ensure sufficient funds remain available to cover the instalment amount for at least three (3) days after the nominated instalment date.
Compatibility
Aliarts Ltd will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the latest version of the web browsing software Microsoft Internet Explorer and to an acceptable level with the latest Mozilla Firefox browsers. Aliarts Ltd can offer no guarantees of correct function with all browser software.
Disclaimers
Aliarts Ltd will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
Aliarts Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on your behalf or any of your appointed agents.
Aliarts Ltd reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.
Whilst every endeavour will be made to ensure that the website is free of errors, Aliarts Ltd cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
Aliarts Ltd cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss due to (but not limited to) bandwidth being exceeded, or any other service issue that may arise.
